The purpose of these regulations is to encourage the appropriate use of land for the development of residential care and assisted living facilities. This subchapter recognizes a need for this particular housing alternative for the elderly. The standards set forth in this subchapter are intended to ensure that these developments provide a level of service and facilities to accommodate the residents' needs and to also minimize any adverse effect of the residential care and assisted living facility on surrounding properties. It is the intention of these regulations to ensure that these facilities be compatible with the general character of the surrounding area. This provision recognizes that housing for the elderly customarily has less adverse impact on surrounding properties than multifamily developments and, therefore, deserves separate consideration.

(Ord. passed 10-30-06)

   (A)   Building containing dwelling units may be single-family, two-family or multifamily.

   (B)   Each dwelling unit, except for one unit that may be reserved for an on-site manager, shall be occupied by persons who are 60 years of age or older, persons of any age who require assisted care or persons of any age who cannot or should not live alone because they require assistance with daily living activities or health care.

   (C)   Community space consisting of a minimum of 15 square feet per bedroom shall be required to provide social and recreational facilities for the development.

   (D)   Buildings without kitchen facilities in every dwelling shall contain congregate dining facilities providing regular daily meals for residents. This requirement may also be met by one on-site central dining facility if, in the opinion of the Zoning Board, the needs of the occupants would be adequately met.

   (E)   Buildings that do not include laundry facilities within each dwelling unit shall include adequate common laundry facilities within the development.

   (F)   All structures, buildings and facilities within the development shall be designed and operated for the project residents and their guests only.

   (G)   Articles of incorporation, declaration of association, by-laws, endowments, leases, deed restrictions and all similar documents shall be reviewed for compliance with this subchapter by the Town Solicitor as a condition of approval.

(Ord. passed 10-30-06)

   No building permit for a residential care and assisted living facility shall be issued until a land development project application is approved in accordance with the procedures set forth in the Middletown Rules and Regulations Regarding the Subdivision and Development of Land.

   In addition to the items listed on the applicable land development project submission checklist, an application to construct a residential care and assisted living facility shall contain a development plan, including the following:

   (A)   Building design and site layout shall show: public, semi-private and private spaces, ensuring a sense of protection and community identity; minimization of public barriers to handicapped residents; and provision of plantings and landscaping which adequately buffer abutting property;

   (B)   Computation of projected sewage volumes and sewage flow calculations. The Town Engineer shall render an opinion as to the adequacy of the proposed sewer size and design of the proposed sewer system and its ability to accept the projected volumes and flows;

   (C)   Computation of projected water use, along with a letter from the City of Newport Water Department, to be obtained by the applicant, rendering its opinion as to the adequacy of the water supply and pressure in the water system to serve the needs of the proposed facility;

   (D)   Written comments from the Middletown Fire Department regarding adequacy of fire safety provisions;

   The following standards of development shall apply to all residential care and assisted living facility developments.

   (A)   No residential care and assisted living facility shall be located on any lot of less than 100,000 square feet of developable land area.

   (B)   No lot on which a residential care and assisted living facility is located shall have less than 2,000 square feet of developable land area for each unit within the facility. Each bedroom shall be considered a separate unit for the purpose of this section. For the purposes of this subchapter, a BEDROOM shall be defined as any room or portion of a room of at least 70 square feet within a dwelling unit allocated to sleeping, dressing and/or personal care.

   (D)   Maximum lot coverage shall be 25%.

 

 

   (E)   Open space shall be provided on the same lot as the principal buildings(s) for the use and enjoyment of the residents. Said open space shall be defined and regulated in accordance with regulation of open space and open space standards of this chapter. An open space management plan shall be reviewed by the Planning Board and Zoning Board as a condition of approval.

   (F)   No development or structure shall be permitted unless each dwelling unit is serviced by public water and a sewage system of adequate capacity.

   (G)   All developments shall provide for the safe and adequate disposal of surface water runoff as provided for in § 715.

   (H)   Individual units may have a kitchenette facility with a refrigerator and/or microwave oven. A kitchenette facility does not qualify as a kitchen facility for purposes of § 2101(D).

   (I)   All units shall be handicapped accessible, designed with handicap accessible doorways and bathrooms and shall include a functioning emergency call system. Individual units in buildings containing four or more units shall not have an exterior entrance or exit.

(Ord. passed 10-30-06)

   The following off-street parking requirements shall apply to residential care and assisted living facilities:

   (A)   One space per every three dwelling units;

   (B)   One space per employee per highest shift;

   (C)   No off-street parking facility, except driveways, shall be located closer than 25 feet to any lot line;

   (D)   No off-street parking area shall be located within ten feet of any wall of a residential building (except a garage) used for residential purposes;

   (E)   All parking areas shall be adequately landscaped and no row of parking spaces shall exceed 100 feet without a landscape separation of at least ten feet in width. There shall be a separation of at least ten feet between rows.

(Ord. passed 10-30-06)